Vietnam Appoints Legal Counsel in U.S. Section 301 IP Investigation

admin - July 10, 2026

According to information released by the Intellectual Property Office of Vietnam (“VNIPO”), Brownstein LLP (United States), whose partner law firm in Vietnam is YKVN LLP, has been selected as the legal service provider to represent and assist the Government of Vietnam in the Section 301 investigation on intellectual property (“IP”) initiated by the Office of the United States Trade Representative (“USTR”).

On May 29, 2026, USTR initiated an investigation into Vietnam’s policies and practices concerning IP protection and enforcement under Section 301 of the Trade Act of 1974. The investigation followed the publication of USTR’s 2026 Special 301 Report, which designated Vietnam as the sole Priority Foreign Country, a status reserved for countries considered to have the most significant deficiencies in IP protection and enforcement and the greatest adverse impact on U.S. interests.

The Section 301 investigation could result in additional trade measures, including tariffs, subject to consultations, public comments, and a final determination expected in late October 2026. Separately, USTR has proposed a 12.5% tariff on Vietnam in connection with a forced-labor investigation. Whether such measures would be cumulative remains uncertain. More broadly, tariff measures may be used as leverage in future bilateral negotiations, potentially in exchange for enhanced commitments by Vietnam in the field of IP protection and enforcement.

According to information published on Brownstein’s website, the firm provides services relating to Section 301 proceedings and international trade matters, including:

  • Developing Section 301 advocacy strategies;
    • Preparing written comments, hearing submissions, and rebuttals;
    • Assessing supply-chain exposure to Vietnamese inputs;
    • Conducting tariff-impact analyses under legal privilege;
    • Advising on mitigation strategies, including tariff engineering and origin reviews; and
    • Monitoring and interpreting developments relating to Vietnam’s Priority Foreign Country designation and IP enforcement.

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